Chapter 2. Writ of Mandate - California Code of Civil Procedure Section 1088

1088.  When the application to the court is made without notice to
the adverse party, and the writ is allowed, the alternative must be
first issued; but if the application is upon due notice and the writ
is allowed, the peremptory may be issued in the first instance. With
the alternative writ and also with any notice of an intention to
apply for the writ, there must be served on each person against whom
the writ is sought a copy of the petition. The notice of the
application, when given, must be at least ten days. The writ cannot
be granted by default. The case must be heard by the court, whether
the adverse party appears or not.
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Last modified: February 16, 2015